EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.07.09

Microsoft Sued Several More Times for Patent Infringement

Posted in America, Courtroom, Intellectual Monopoly, Microsoft, Patents at 10:22 am by Dr. Roy Schestowitz

Business plan

Summary: Numerous new lawsuits are launched against Microsoft, which is accused of patent violations in different areas (Implicit Networks, NetView, and Eleven Engineering as plaintiffs)

TECHDIRT has this new post which it titled “Live By The Patent, Get Sued By The Patent”

Brian writes in to let us know that a patent holding firm, with a long history of suing a bunch of big name tech firms is now suing Microsoft as well, claiming that every copy of Vista, Windows 7, and Windows Server 2008 violate its patent 6629163 on “Demultiplexing a First Sequence of Packet Components to Identify Specific Components Wherein Subsequent Components are Processed without Re-Identifying Components.”

Microsoft knew what it was getting itself into. Groklaw has just found this recent article where Microsoft shows algorithms as mathematics (a fact they later deny when lobbying for software patents).

For 70 years, mathematicians have been stuck on the Halting Problem: Computers occasionally hang on one line of code and fail to move on to the next, and no one can reliably predict when that will happen. (The result is the unending hourglass or pinwheel of death.) But a few years ago, Microsoft researcher Byron Cook and his colleagues did the unthinkable — they hacked a fix. When Cook tried to describe the workaround, however, he found it impossible to explain with existing mathematical symbols.

Anyway, here is more information about Vista 7 violations which leave Microsoft vulnerable. Microsoft getting sued for software patents infringement was inevitable (there are over 50 patent infringement cases pending against Microsoft, which make up a large proportion of the whole). “Implicit Networks” is the plaintiff and it seems to be all about patents, not products.

Implicit Networks launched a law suit against Microsoft in a California district court, alleging the software giant had breached a patent it owns.

There is another new patent lawsuit against Microsoft, this time from NetView Technologies which has real products.

Founded in 2000 by Robert Handsaker and Gregory Rasin, Belmont, Mass.-based NetView Technologies Inc. is a business-software maker whose flagship product is a product designed to manage employee incentives by tracking sales, sales quotas and compensation. The company’s software uses Microsoft’s widely popular Excel spreadsheet product.

More information can be found here:

A Belmont software company has filed suit today in U.S. District Court in Boston against Microsoft Corp. (Nasdaq: MSFT), claiming the Redmond, Wash.-based software giant infringed its patent on a business method for extracting data from spreadsheets.

With over 50 patent cases (and growing) under its wing, Microsoft is likely to come under great pressure. Microsoft had to lay off many lawyers and lower the legal budget by a staggering 15%, so will it be able to keep up? It wanted software patents and Microsoft boosters like Alexander Wolfe defend the practice in relation to a Fog Computing patent, joined by other shills like Maureen O’Gara [1, 2, 3, 4, 5]. Gavin Clarke wrote about this patent last week and O’Gara cites colleagues from the Microsoft community. There is also Dan Lyons, who is cursing Microsoft’s competition this week, but that’s another story altogether.

A third new lawsuit dawns upon Microsoft, this time coming from Canada, just like i4i [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. Microsoft will be one among three defendants though.

Bloomberg News and the San Jose Mercury News are reporting that Eleven Engineering Inc. [http://www.elevenengineering.com/home/], a maker of microprocessors for home entertainment systems, has claimed the controllers for the Xbox 360, Wii and PlayStation 3 game systems incorporate wireless features patented by the company, and that the three game companies are using the technology without permission.

Here is information about the claimant:

Eleven Engineering, based in Edmonton, Canada, said it is a global leader in digital wireless technologies – supplying component and semiconductors to electronics companies.

Other such lawsuits are threatening Linux devices (Nook) and a Canadian giant, RIM, is currently facing a BlackBerry embargo due to patents.

Research In Motion Ltd., the maker of the BlackBerry phone, is facing a patent-infringement complaint with a U.S. trade agency that may result in the devices being banned from the U.

How on Earth are all these lawsuits beneficial to the industry as a whole, including customers? They are not. The Against Monopoly Web site has this new essay decrying the obsession with intellectual monopolies. To quote just a portion. [via Jose X]

To cut a long thing short, the moment I realised that there is a conflict between rights to intellectual property and rights to physical property, I also realised that something is wrong about the whole thing. Such a contradiction usually means that something is wrong with the premises of the person facing the contradiction – me.

Restricting a person from giving physical shape to an idea he has in his mind is clearly a violation of his Liberty and Property Rights. However, this is precisely what implementation of IP means. IP proponents typically tent to retort saying that what I am calling “violation of Liberty and Property Rights” is actually implementation of the property rights of the owner of the idea/pattern that is the subject of the IP.

If it is true that in the name of protecting Intellectual Property Rights, one is actually violating the Liberty of some individuals, in effect one is also saying that the holders of Intellectual Property have an undefined lien on the Liberty of the individuals of the other part. Translated, this gives some individuals the right to enslave others by virtue of being holders of Intellectual Property rights. This made the notion all the more bizarre to me. It was in direct contradiction of the most basic principles of Objectivism that no man may claim the right to initiate force against another.

Even Microsoft knew that patents are detrimental, but that was before it became a monopoly in constant need for intellectual monopolies that cement its dominant position. Here is how it came about.

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.”

Bill Gates (when Microsoft was smaller)

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Embrace, Extend, Extinguish 2020 Edition

    Embrace, Extend, Extinguish (E.E.E.) is alive and well, but the corrupt (paid by Microsoft) media isn't talking about it anymore; in fact, it actively cheers and encourages people/companies to enter the trap



  2. Links 26/5/2020: SHIFT13mi GNU/Linux Tablet, Linux Kodachi 7.0 and Some Qt Releases

    Links for the day



  3. EPO Propaganda on Steroids (or on EPO)

    What EPO management is saying and what is actually happening



  4. Breton (EU) 'Joins' Team UPC to Help His Buddy Battistelli... Again

    As expected, Breton acts as little but an EPO tool, looking to prop up supremacy of patent litigation over science and innovation



  5. Removing Free/Libre Software as an Inadequate Response to Microsoft Windows (With Back Doors) Getting Compromised, Killing People

    GNU/Linux takes the blame (in a sense) for incidents that are purely the fault of Microsoft and its deficient software with deliberate back doors; it's believed that this boils down to opportunistic retaliation against those looking for a solution to the problem (or merely speaking about the problem)



  6. IRC Proceedings: Monday, May 25, 2020

    IRC logs for Monday, May 25, 2020



  7. Under Distributed Denial of Service Attacks Lately, But We're Too Robust For Those

    Efforts to take Techrights offline have been ramped up lately; but it's not working and it hardly even distracts us from publishing



  8. The Art of Giving: Why Free Software Will Inevitably Survive Attacks Against It

    Societies that share and look after their peers/neighbours will always be better off than predatory societies, which breed exploitation, distrust, discord and eventually systemic collapse



  9. 'Journalism' in 2020: Far More Articles About What Computer Linus Torvalds Bought Than About Linux Releases

    Yesterday's (or late Sunday's) Linux announcement (RC7) is symptomatic of a broader issue we've long spoken about; it restricts people's ability to express an opinion, which can cloud any meritorious and substantial debate about technical matters journalists cannot grasp or comment on (it takes more effort and research)



  10. Links 25/5/2020: Wrapland Redone, DebConf20 Plans, Many More Games

    Links for the day



  11. Media Covers WSL Like People Actually Use This Trash (a Failed Distro Which Only Works With Windows)

    Lots of abundantly redundant puff pieces have appeared in paid-for (by Microsoft) media this past week covering WSL/2, but that's grossly disproportional to the people who care and actually use those types of things (because money talks, not technical substance)



  12. Working From Home on Patent Monopolies Would Lower Their Quality and Perceived Legitimacy

    The patent system wherein people grant monopolies from their sofas and bedrooms isn't helping the already-eroded perception/image of patent offices that mostly grant patents to massive multinationals (and far too many patents overall)



  13. The Attitude of António Campinos Toward Courts and Toward Justice Same as Benoît Battistelli's

    6 years down the road we're still dealing with unaccountable tyrants who laugh at the law, laugh at lawmakers and disregard law enforcers (like the Trump regime across the Atlantic)



  14. IRC Proceedings: Sunday, May 24, 2020

    IRC logs for Sunday, May 24, 2020



  15. Asking Microsoft If It Loves Linux is Like Asking Google If It's Evil

    The media keeps bombarding us with lousy, weakly-sourced messages about Microsoft regretting its stance on “Open Source” and loving “Linux” (both are lies that are very easily debunked), so journalism has an existential problem and maybe too much dependence on ad money (a form of bribery) from “Big Tech” that does “clown computing” and “apps”



  16. Features Considered Harmful

    "But the benefits of Free software, free candy and new features are all meaningless, if the user isn't in control."



  17. Free, as in “App”

    "As everyday users, we need to be able to configure our applications, and this process must/needs to be made as easy and understandable as possible."



  18. Links 25/5/2020: Linux 5.7 RC7 and TeleIRC 2.0.0

    Links for the day



  19. Links 24/5/2020: TUXEDO Computers on AMD, Ardour 6.0 is Out

    Links for the day



  20. Trust Microsoft With Everything Including Your Life

    A timely if not apt meme about the state of Windows-powered hospitals, which very often end up foreign-operated (taken over by crackers in another country)



  21. When the Response to Hospitals Being Systematically Cracked Through Microsoft Products Like Windows is... Blocking the Competition of Microsoft

    People keep dying because Microsoft Windows, poorly designed with NSA back doors in it, falls into the hands of malicious actors (sometimes overseas, sometimes using leaked tools of the NSA itself) and guess who takes the blame when hospitals grind to a halt due to this…



  22. IRC Proceedings: Saturday, May 23, 2020

    IRC logs for Saturday, May 23, 2020



  23. Ode to the 'Orange One'

    Bush Senior and Junior, Hillary/Bill Clinton and now António Battistelli (or Benoît Campinos); are we dealing with monarchies/monarchs and pledges of allegiance or with public institutions beholden to the public, to be governed by the law?



  24. Home Working at the EPO: Your Corporate, Global Monopolies Will Be Rubber-stamped From Private Homes

    We’re expected to believe that EPO employees working under the noses of Microsoft (in another continent!) with kids running around will be able to be both productive and professional; staff already complains about working until midnight and beyond, without any conceivable separation between career and personal life



  25. To Understand Why “Inner Source” is a Cheap Corporate Ploy if Not a Free Software-Hostile 'Scam' Look Who's Behind It

    It's rather easy to see that the O'Reilly-connected and Bill Gates-connected leadership of InnerSource Commons (ISC) doesn't register this fake 'charity' to promote Software Freedom but to fight against it under the guise of "open" (openwashing)



  26. Microsoft: We Were Wrong About Open Source and That's Why We 'Liberate' Code... From 1983 (and We Won't Accept Code Changes, Either!)

    The tiresome openwashing efforts from Microsoft verge on the farcical, but the Microsoft-funded media plays along with it all regardless



  27. The Unitary Patent and Unified Patent Court Book

    The Unified Patent Court (UPC) propaganda must be confronted; there's a book in the making about UPC lies and the anatomy of this legislative coup attempt by litigation fanatics (who profit from monopolies, patent trolls and so on)



  28. Links 23/5/2020: Oracle Solaris 11.4 SRU21, Wine-Staging 5.9

    Links for the day



  29. Spillover: Team UPC Trying to Fill Up the Cup 'Half Empty'

    The European Patent Office's (EPO) corruption is mirrored in UPC corruption; the former hasn't yet seen its downfall due to this corruption and the latter is already up in flames, no matter how media sites (are paid to) spin it, giving false hope for the sake of lobbying by Team UPC



  30. The EPO Continues to Publicly Brag About Granting Illegal Patents to Fake 'Production' (It's Not Really Production But Abuse of the Granting Authority)

    Patents on life, nature and mathematics serve to highlight the degree of corruption embraced by EPO management, eager to fake ‘production’ in order to hoard money, which is then stolen and misused in other ways


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts